The Appellate Division of the Superior Court of New Jersey has ruled that an expert should not be required to reveal details about his income from testifying as an expert witness. In Gensollen v. Pareja, No. A-0401010T3, (N.J.A.D. 11/19/10), doctor who examined the plaintiff in a personal injury case admitted…
Day on Torts
Preventing and Management of Operating Room Fires
The Anesthesia Patient Safety Foundation has created a video that discusses how to prevent and manage fires that occur in the operating room. The video is 18 minutes long and was released in February 2010. Here is what the organization says about operating room fires: The most notable finding when…
Lies, Damn Lies and Medical Malpractice Reform
Tennessee consumers injured by medical negligence are facing a full assault on their right to trial by jury. Some members of the new General Assembly seem hell-bent on placing arbitrary caps on damages, notwithstanding the fact that medical malpractice lawsuits are down over 40% and malpractice insurer profits are soaring.…
2010 Medical Malpractice Reports Due March 1, 2011
The Tennessee Department of Commerce and Insurance has put the medical malpractice case reporting form on its website. The reports must be filed on or before March 1, 2011. Plaintiff’s medical malpractice attorneys who concluded a case in 2010 must complete this form.
Improper Closing Argument on Uncalled Witness Constitutes Reversible Error
The Oregon Supreme Court has ordered a new trial in a case where defense counsel’s closing argument included a discussion of the testimony of an expert who never testified at trial. The majority and dissenting opinions collect law from across the country on this issue and provide a gold mine…
Judgment Affirmed in Land Rover Rollover Case
Mr. Pannu was seriously injured when his Land Rover Discovery (Series 1) sport utility vehicle rolled over following a chain of collisions. Pannu alleged a design defect in the SUV and was awarded a judgment of $21,654,000. The Court of Appeal of the State of California, Second Appellate District, affirmed…
ProAssurance Profits Continue to Climb
ProAssurance, a nationwide medical malpractice insurer with 57,000 insureds that is based in Birmingham, has a growing presence in Tennessee. It has done very well the last few years. In 2005 it had pre-tax income of $109M, about 17% of revenues. In 2009 pre-tax income was $319M, about 52% of…
State of Tennessee Litigation Statistics From the AOC Annual Report – Part 5
As mentioned in the last four posts (here, here, here and here), the Tennessee Administrative Office of the Courts has released the 2009-2010 Annual Report of the Judiciary. The Report Contains statistical data about our court system. Today we look at damage awards in several counties in the state. There are some obvious problems…
State of Tennessee Litigation Statistics From the AOC Annual Report – Part 4
As mentioned in the last three posts (here, here and here), the Tennessee Administrative Office of the Courts has released the 2009-2010 Annual Report of the Judiciary. The Report Contains statistical data about our court system. As mentioned in our earlier posts, there were 263 jury trials and 325 non-jury trials in tort…
Statistics on Tort Cases From the 2009-10 AOC Annual Report on the Judiciary – Part 3
As mentioned in the last two posts (here and here), the Tennessee Administrative Office of the Courts has released the 2009-2010 Annual Report of the Judiciary. The Report Contains statistical data about our court system. Today we look at additional information about tort cases that were filed or tried in…